GULLA Vs. DOLIYA

JUDGEMENT

(1.) THIS is a reference by the Assistant Collector of Sojat under sec. 40 (2) of the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act No. I of 1951, and has arisen in the following circumstances.

(2.) A suit was pending in the court of Munsif Sojat, who transferred it to the Assistant Collector under sec. 6 of Act I of 1951, holding that the suit was cognisable by the revenue court. The order sheet shows that the Munsif was of opinion that the suit was covered by items 2 and 9 of Group B of the First Schedule. When the case came to the Assistant Collector, he took the view that the civil court had jurisdiction. Therefore he has made this reference under sec. 40 (2), though in his letter the Assistant Collector says that the reference is under sec. 40 (1) of the Act.

(3.) I am, therefore, of opinion that the main relief in this case being obtainable from the revenue court, the suit lies in the revenue court, and the Assistant Collector is competent to determine it, leaving out those ancillary reliefs about which he cannot grant relief undetermined.